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forced academisation and school interventions

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Current education policy carries an expectation that formal intervention powers are used to tackle ‘schools causing concern’. In addition to the well-established intervention measures available to local authorities, such as issuing a warning notice or imposing an interim executive board (IEB), the Secretary of State now has a range of intervention powers and, in certain circumstances, can make an academy order without a governing body’s consent. We know that many schools feel vulnerable in this climate and often receive mixed messages regarding their legal position.

Our expert education lawyers have an established track record of supporting governing bodies with responding to the full range of school intervention measures. We offer clear and strategic advice which aims to enable governors to secure a path to improvement which is right for their school.

what we do...

Understanding when you are ‘eligible for intervention’.

Understanding your legal position if you are receiving external pressure to become an academy.

Challenging Ofsted reports.

Responding to a proposal to put in place an IEB.

Judicial review of school intervention decisions.

Advising on and challenging warning notices issued by the local authority or Regional School Commissioner.

In this webinar, Hayley and Katie will explore re-brokerage arrangements including the Regional School Commissioners’ legal powers and the circumstances in which an academy may be at risk of being re-brokered, as well as the potential consequences of refusing to consent to such an arrangement.

In this webinar, Hayley and Katie will explore re-brokerage arrangements including the Regional School Commissioners’ legal powers and the circumstances in which an academy may be at risk of being re-brokered, as well as the potential consequences of refusing to consent to such an arrangement.

what the directories say...

A deep understanding of the legal framework associated with schools and academies.

Legal 500 2016

A very impressive team with a breadth of expertise in the education sector and, more specifically, special education needs. They are very up to the minute on the latest issues arising within the education sector.

Chambers 2017

A highly ambitious organisation with a superb corporate image, excellent client support and good commercial awareness.

Chambers 2017

Very good knowledge of 'academisation', and good advice on where local authority's approach is typical or reasonable, and where it should be challenged.

Chambers 2016

Good, not just with the law, but also empathetic to our aims. They are on the button, prompt and nice to deal with, which is an added bonus.

Chambers 2016

Leading national education practice, with significant experience advising on academic issues

Chambers 2016

recent experience

Supporting an academy with a complaint to Ofsted following a section 5 inspection. We drafted a letter of complaint which focused on the discrepancy between the feedback and provisional gradings provided by the lead inspector and the contents of the final report following moderation, with no clear reason provided for these changes. Ofsted agreed to reinstate their original judgement and adjusted the gradings for both Teaching & Learning and Leadership & Management, leaving the academy satisfied of a fair outcome.

Following an Ofsted judgement of special measures, we supported a school to resist forced academisation. When they came to us for support we prepared a robust and well-timed letter to the DfE to demonstrate how, in light of the improvement made by the school during this period, forced academisation would be irrational to the point of being unlawful. Subsequently, the school was re-inspected and judged to be ‘good’ by Ofsted, meaning it was no longer eligible for intervention and safe from forced academisation.

Advising a primary school on responding to a warning notice issued by their local authority on the grounds that there had been a breakdown in governance at the school. We identified a number of ways in which the warning notice was flawed and Ofsted accepted our submissions and overturned the warning notice. The school did not become ‘eligible for intervention’ and did not become vulnerable to further school intervention measures, such as the imposition of an IEB or an academy order.

related opinions

Following the re-election of a minority Conservative Government, Theresa May has set about forming her Cabinet. Following the reshuffle Justine Greening has been reappointed as the Secretary of State for Education.

Regulations which define coasting schools have now been laid before Parliament. They are the final legal piece of the school intervention jigsaw brought about by this Government’s Education and Adoption Act.

related products

Academy conversion

If you are thinking of academy conversion and becoming an independently managed, publicly funded school then make sure you use leading education sector lawyers to make your academy conversion a smooth and straightforward process.

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